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39 N.Y.2d 1024

McCormack v. Lowery

New York Court of Appeals

Decided July 13, 1976

New York Court of Appeals · decided 1976-07-13

Decided 1976-07-13

¶1Memorandum. The order of the Appellate Division should be affirmed for the reason that the concurrent two platoon system proposed by the fire commissioner contravenes section 487a-11.0 of the New York City Administrative Code which requires a department-wide "two platoon system”. While the reference tó a two platoon system might be ambiguous in another context, here it is not. After 50 years of consecutively operating department-wide platoons the phrase, "two platoon system”, as codified, must be accorded special meaning consonant with its historically long-standing character. Consequently, we have no alternative but to apply the law as written. The commissioner’s remedy lies not with the courts but with the Legislature.

¶2Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

¶3Order affirmed, with costs, in a memorandum.

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